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Kathryn L. Clune

Kathryn Clune is a trial attorney with 25 years of experience in the firm's Intellectual Property Group and Litigation and Trial Department, which was named Litigation Department of the Year by Washington Legal Times for general civil litigation. Kathryn focuses on patent, trademark and trade secrets litigation. Kathryn represents companies from the pre-suit investigation through the Markman, trial and appeal. Kathryn represents clients from a variety of industries, including consumer electronics, mobile applications, medical devices, automotive, railroad and electrical fittings. Kathryn also focuses on litigating "Section 337" cases at the U.S. International Trade Commission. Kathryn's patent litigation experience led her to being featured as one of the "Top 50 under 45" attorneys in IP Law & Business in May 2008.

Kathryn is also a seasoned appellate advocate, having argued numerous cases in federal appellate courts, including the United States Court of Appeals for the Federal Circuit. Prior to joining Crowell & Moring, Kathryn served in the U.S. Navy Judge Advocate General's Corps, where she gained extensive trial and appellate experience. Kathryn was also a law clerk for Chief Judge Andrew S. Effron, U.S. Court of Appeals for the Armed Forces.

Certain Vehicular Smart Watch Systems, Related Software (337-TA----): Represented General Motors Company and OnStar in multi-forum litigation involving a smartwatch-based mobile app for controlling vehicle security and diagnostics functions. Launching an aggressive counter-offensive against the plaintiff and its principal, we forced the plaintiff to drop its complaints in both the district court and the ITC, pre-institution.

Certain Non-Volatile Memory Devices (337-TA-909): Represented General Motors as a third party presenting public interest testimony at deposition and at the hearing. Parties settled shortly after hearing.

Certain Communication Equipment (337-TA-817): Represented respondent Avaya in an investigation related to Power over Ethernet (PoE) features in telephones, switches, and wireless access points. Settled favorably.

Certain Automotive GPS Navigation Syst. (337-TA-814): Represented respondent General Motors LLC in an investigation related to automobiles with in-dash GPS navigation systems. Won dismissal of GM and termination of the investigation after six months, with no exclusion.

Certain Adjustable-Height Beds (337-TA-734): Represented complainant Invacare in an investigation related to adjustable hospital beds, resulting in Consent Order excluding accused products from entry into the U.S.

Baseband Processor Chips and Chipsets (337-TA-543): Represented Intervenor Sprint Nextel Corp. in an investigation brought by Broadcom against Qualcomm. Lead counsel during the remedy phase, the Presidential Review Period, before Customs, and during the Enforcement Action.

Certain Laminated Floor Panels (337-TA-545): Represented 6 of 32 respondents in investigation. Lead counsel at two week hearing, resulting in a finding of Initial Determination of invalidity of broadest patent.

The Regents of the University of California v. Boston Scientific Corp., St. Jude Medical, & Atricure, (N.D. Cal. 2016-2018): Represented The Regents of the University of California against three medical device manufacturers in three patent litigations involving patented methodology and cardiac ablation devices to treat atrial fibrillation. After two years of litigation, the parties all reached an amicable settlement.

Arlington Industries, Inc. v. Bridgeport Fittings, Inc.(M.D. Pa. 2013): Won contempt trial on behalf of patentee, proving the competitor's "re-designed products" were within scope of previously issued injunction. The court enjoined the re-designed products for five years, awarded lost profits for all sales and attorney fees.

Carlson et al. v. Islamic Republic of Iran, 201 F. Supp. 2d 78 (D.D.C. 2002): Obtained $7.8 million verdict in compensatory damages and $300 million in punitive damages on behalf of 10 former military members and spouses in suit against Iran under Anti-Terrorism Act for damages resulting from the 1985 Hijacking of TWA Flight 847.

As a Navy Lieutenant, successfully defended a Marine Aviator in an internationally publicized General Court-Martial. The client was charged with 20 counts of Involuntary Manslaughter arising from an aviation accident with a gondola cable in Northern Italy.

United States Court of Appeals for the Armed Forces and the Navy & Marine Corps Appellate Court: As a Navy Lieutenant represented several hundred Sailors and Marines in felony appeals before both courts.

Awards & Recognition

Best Trial Advocate: New York City Trial Lawyers Association

Best Trial Advocate: New York City Trial Lawyers Association

Best Paper: NY State Bar Association, Committee on Legal Education & Admission to the Bar

Top “50 under 45" attorneys in IP Law & Business in May 2008.

Navy & Marine Corps Commendation Medal

Navy & Marine Corps Achievement Medal with Gold Star

National Defense Service Medal

Navy & Marine Corps Overseas Service Ribbon with Gold Star

NATO Medal

Affiliations

Admitted to practice: District of Columbia, New York, U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Appeals for the Armed Forces, U.S. Court of Federal Claims, American Intellectual Property Law Association, American Bar Association; NYS Bar Association; Women in IP